Court : Chennai
..... the division bench of the delhi high court, asi has moved the supreme court and during the pendency of the appeal before the supreme court, the ancient monuments and archaeological sites and remains act,1958, was amended by the ancient monuments and archaeological sites and remains act (amendment and validation) act,2010, and sections 20-a and 20-b were inserted with effect from 16.06.1992 ..... the respondents, besides challenging the locus standi of heritage and culture forum to challenge the permission granted to them for the construction of a building, pleaded that jantar mantar, new delhi, cannot be treated as a protected monument because the notification dated 03.05.1997 was not published in the official gazette, and as such, the prohibition contained in notification dated ..... express legislative intendment of the retrospective application of the act, and by virtue of the fact that the act creates a new liability of a high rate of interest against the buyer, the act cannot be construed to have retrospective effect ..... . as per the act, for repairs/renovations of existing buildings in the prohibited area of national monuments and sites and for undertaking repairs/renovations of existing buildings and construction of new buildings in the regulated area of national monuments/sites, prior permission has to ..... the garb of renovation, the owner of a building cannot demolish the existing structure and raise a new one and the competent authority cannot grant permission for such reconstruction.15 .....
Tag this Judgment!Court : Madhya Pradesh
..... considering the provisions of act of 1951, act of 1958 and also the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 we do not find any merit in this petition. ..... parliament has enacted an act named as the ancient monuments and archaeological sites and remains act, 1958 (hereinafter shall be referred to act of 1958 ). ..... learned counsel for the petitioners has submitted that it was not necessary to take permission from the municipal corporation because the society had taken permission from asi in view of the provisions of the ancient monuments and archaeological sites and remains act, 1958. ..... the conditions are stipulated in the licence itself, which was granted to the petitioner for the purpose of construction under the provisions of sub-rule (1) of rule 35 of the rules of ancient monuments and archaeological sites and remains rules, 1959. 20. ..... section 3 of the act of 1958 declares that all ancient and historical monuments and archaeological sites and remains which have been declared by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951, or by section 126 of the state re-organisation act, 1956, to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purpose of this act. 16. ..... a new act was introduced in the year 1973 subsequently. .....
Tag this Judgment!Court : Chennai
..... 3/1a, 3/1b, 3/1c, 3/2, 6, 138/1 pt, 138/2b pt, 139 pt, 140 pt, 141/1 pt, 141/2 pt, 145/1a pt, 146, 147/1a and 147/1b of thiruneermalai village, alandur taluk, kancheepuram district in accordance with the ancient monuments and archaeological sites and remains (amendment and validation) act 2010.2. ..... 3/1a, 3/1b, 3/1c, 3/2, 6, 138/1 pt, 138/2b pt, 139 pt, 140 pt, 141/1 pt, 141/2 pt, 145/1a pt, 146, 147/1a and 147/1b of thiruneermalai village, alandur taluk, kancheepuram district in accordance with the ancient monuments and archaeological sites and remains (amendment and validation) act 2010.o r d e r1. ..... according to the second respondent, the said area falls under protected area in accordance which the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010. ..... in view of the prayer sought for and the submission made by the learned additional government pleader, the first respondent is directed to consider the representation/request of the petitioner on merits and in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. 6. ..... the representation dated 10.8.2011 was acknowledged and a reply letter dated 5.9.2011 has been sent by the administrative officer for superintending archaeologist stating that the issue is pending before the first respondent. .....
Tag this Judgment!Court : Supreme Court of India
..... by filing writ petition (c) no.96/2011 under article 32 of the constitution of india, the petitioner 1 therein has challenged the constitutional validity of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (annexure p 15).2. ..... having heard the learned counsel for the parties and on perusal of the record of the case, we deem it just and proper to send these writ petitions and the transferred case to the high court of bombay for their disposal on merits in accordance with law.4. ..... in our view, no prejudice is likely to cause to the parties, if these writ petitions and the transferred case are sent to the high court for their hearing on merits of the controversy instead of deciding the issue by this court in the first instance.5. ..... respondent(s) with transferred case (c) no.30 of 2010 and writ petition (c) no.36 of2012judgment abhay manohar sapre, j.1. ..... in view of the foregoing discussion, both the writ petitions and the transferred case (w.p. ..... in connected writ petition and the transferred case, the petitioners have claimed the similar reliefs, which are claimed in the lead writ petition no.96/2011.3. ..... new delhi; april 16, 2019 3 ..... (c) no.30/2010 are sent to the high court for their disposal on merits in accordance with law. ..... (c) no.36/2012 and t.c. .....
Tag this Judgment!Court : Supreme Court of India
..... considered it proper to have the benefit of findings of the high court in relation to the subject-matter and hence, conversely sent the writ petitions pending in this court to the high court with other transferred cases while observing as under:- by filing writ petition (c) no.96 of 2011 under article 32 of the constitution of india, the petitioner therein has challenged the constitutional validity of the ancient monuments and archaeological sites and remains (amendment and validation) act, 2010 (annexure p-15) ..... occur because of the innate role of the appropriate government in the ultimate calculation of bonus with respect to certain employees in terms of the amended section 12 of the act of 1965; and such an appropriate government may be the central government or may be the government of the particular state in terms of the definition contained in clause (5) of section 2 of the act of 1965 that reads as under:- (5) appropriate government means (i) in relation to an establishment in respect of which the appropriate government ..... employee exceeds [seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher].4 per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were [seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher].5 per ..... inserted by act ..... .....
Tag this Judgment!Court : Delhi
..... contained in sub- section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the president ..... , as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the director-general, as the case may be, for the construction within the ..... it is the petitioner s case that from a conjoint reading of the bar placed by the act and rules it becomes clear that the intention of the legislature was not to permit any new construction activity within the prohibited area and grant of the subject permissions by respondent no.1 herein manifestly defeats the very purpose of the legislation. .....
Tag this Judgment!Court : Supreme Court of India
..... 11 before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times. 9. ..... in exercise of power conferred by section 3(1) of the ancient monuments preservation act, 1904 (7 of 1904), the central government had issued notification dated 04.10.1956 which was published in the gazette of india dated 13.10.1956, declaring jantar mantar, new delhi to be a protected monument. 4. ..... the concept of prohibited area and regulated area got further elaborated by amendment to the act effected in the year 2010 defining these two expressions by section 2(ha) and 2(l) respectively and by inserting sections 20a to 20q in the act. ..... 12 (b) on 21.07.2000, ndmc1 respondent no.2 sanctioned the plans submitted by the respondents 4 and 5 vide scheme no.3351, whereafter the old building standing on the subject plot was demolished and the work for foundation for a new building to be erected on the subject plot was undertaken by respondent nos. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times. ..... on a perusal of the records, finding that permission was granted by the corporation for a new construction on the application submitted by the complainant without obtaining prior approval of the national monuments authority before whom an application was made by the complainant only for re- construction. ..... matter came up for its consideration and on looking into the original file pertaining to the building construction of the complainant, we sensed some foul play on the part of both the complainant and the accused corporation as it appeared to us that a new construction was being permitted in a prohibited area and in those circumstances on 16.1.2020, this court heard the learned counsel for the complainant and the 6 learned counsel for the accused, at length, and passed the following order: we have .....
Tag this Judgment!Court : Supreme Court of India
..... no doubt that the learned counsel for the appellant is right in relying on sub section (4) of section 20a of the said act 25 which prohibits any permission including the one for carrying out any public work or project essential to the public or other constructions in any prohibited area referred to in sub section (3) thereof on and after the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president. ..... mahalakshmi pavani, learned senior counsel submits that in view of sub section (4) of section 20a of the said act, no permission can be granted for carrying out any public work or 5 project essential to the public or other constructions in any prohibited area on and after the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president. ms. ..... this court only put a rider that the form of the new structure is maintained in the same manner as the ancient one.28. ..... new delhi; june03 2022. .....
Tag this Judgment!Court : Delhi
..... contained in sub-section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the assent ..... of the president, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the director-general, as the case may be, for the construction within the ..... the petitioners own a piece of land admeasuring 12 biswas in khasra no.541/519/17of vilage kharera, now known as green park extension, new delhi (hereafter the said land ). ..... (c) 1269/2018 in the high court of delhi at new delhi suresh chand gupta and anr. .....
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